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Lawsuit Disputes LPD Account Of 2012 Shooting Death of Lakeland Man

Officers said they thought Robert Cortes, 42, reached for a gun.

"He had the gun for protection. It was legal. I just think they were a little loose on the trigger." said Deborah Kenning, Cortes' mother, who filed the lawsuit in federal court. Here, Kenning, holding a photo of her son Robert, points to where a Lakeland Police bullet struck the trailer at the Lakeland Palms Mobile Home Park.

CALVIN KNIGHT | THE LEDGER

By MATTHEW PLEASANTTHE LEDGER

Published: Tuesday, August 27, 2013 at 12:00 a.m.

Last Modified: Tuesday, August 27, 2013 at 12:23 a.m.

LAKELAND | The mother of a man shot and killed by Lakeland Police Department officers in 2012 has filed a federal lawsuit alleging that witnesses can attest that her son wasn't reaching for a gun when two officers opened fire, contradicting police accounts.

The officers shot Robert Cortes, 42, as he stepped from his mobile home in the Palms Mobile Home Park on New Tampa Highway. They told investigators that Cortes turned and appeared to grab for a .45-caliber gun they had ordered him to drop on the threshold of his doorway.

An LPD review panel and the State Attorney's Office concluded that Officers Jordan Hernandez and Daniel Carli were justified in opening fire. Assistant State Attorney John Aguero, who reviewed the case and participated in interviews with key witnesses the night of the shooting, wrote to LPD that the officers were "reasonably placed in fear" that Cortes could have killed or injured someone because of the movement.

Hernandez and Carli went to the mobile home park the night of March 15 at the request of Cortes' longtime girlfriend, Lisette Galarza, who wanted them present as she retrieved her belongings from the mobile home, police reports say. Cortes answered the door holding his handgun.

The lawsuit filed Friday by Deborah Kenning, Cortes' mother, said her son stepped from the mobile home and complied with the officers' commands. After putting down his gun, the suit says, he reached the second or third step on his home with his arms up when the officers began shooting.

Witnesses say he had his arms in the air when he was shot, according to the suit, and Cortes did not reach back for his weapon prior to the shots. The officers "rushed to use and did use deadly force when the circumstances did not justify deadly force," the lawsuit contends.

The lawsuit names the city of Lakeland and the officers involved as defendants. Officials with the city and Lakeland Police Department declined to comment Monday, citing their policy of not commenting on pending or ongoing litigation.

Michael Maddux, the Tampa lawyer representing Kenning, questions other aspects of the officers' handling of the incident, including why they allowed Galarza to knock on the door alone.

"It was a whole different scenario when they didn't knock on the door," he said.

Shortly after the shooting, Kenning and Cortes' sister, Angela Cortes, told The Ledger that four witnesses told them they saw Robert Cortes raise his hands just before the shooting. Angela Cortes said witnesses have told her LPD interrogated them for hours and pressed them to change details of their accounts.

Kenning reiterated those allegations Monday.

"He had the gun for protection. It was legal," she said. "I just think they were a little loose on the trigger."

Kenning went to the police department multiple times after her son's death seeking information, she said, but was allowed to speak only to a clerk. Last week, after her daughter wrote Mayor Gow Fields an email about the shooting, a lieutenant called her daughter offering to let them review files on the case, she said.

"This is the first time LPD has contacted us," Kenning said.

While the department declined to respond Monday, a report filed by Detective Brian Wallace in May 2012 responded to statements Kenning made to The Ledger. In the report, he refutes her allegation that witnesses were pressured to change their details.

"All witness statements were recorded and transcribed," he wrote. "At no time did any of the witnesses change their accounts, nor was any coercion utilized by law enforcement personnel to have any of them change their statements."

Wallace also wrote that Kenning had never been directed to him for questions.

Police reports detail accounts from residents who were inside their homes or who couldn't see Cortes' hands at the time of the shooting.

One woman described seeing Galarza approach the front door and Cortes exit. She said she thought his arms were raised. The report says her husband said Cortes' arms were down, and the woman was "distraught over the contradicting accounts."

Galarza herself told detectives Cortes cocked the gun before dropping the weapon and stepping from his mobile home. As police ordered him to the ground, he seemed to hesitate, she said, possibly from fear.

That's when officers opened fire, she said.

She described finding a handwritten will by Cortes, the father of her two children, shortly before his death. She asked him why he'd written it, she said, but he wouldn't give a reason.

[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com. ]

<p>LAKELAND | The mother of a man shot and killed by Lakeland Police Department officers in 2012 has filed a federal lawsuit alleging that witnesses can attest that her son wasn't reaching for a gun when two officers opened fire, contradicting police accounts.</p><p>The officers shot Robert Cortes, 42, as he stepped from his mobile home in the Palms Mobile Home Park on New Tampa Highway. They told investigators that Cortes turned and appeared to grab for a .45-caliber gun they had ordered him to drop on the threshold of his doorway.</p><p>An LPD review panel and the State Attorney's Office concluded that Officers Jordan Hernandez and Daniel Carli were justified in opening fire. Assistant State Attorney John Aguero, who reviewed the case and participated in interviews with key witnesses the night of the shooting, wrote to LPD that the officers were "reasonably placed in fear" that Cortes could have killed or injured someone because of the movement.</p><p>Hernandez and Carli went to the mobile home park the night of March 15 at the request of Cortes' longtime girlfriend, Lisette Galarza, who wanted them present as she retrieved her belongings from the mobile home, police reports say. Cortes answered the door holding his handgun.</p><p>The lawsuit filed Friday by Deborah Kenning, Cortes' mother, said her son stepped from the mobile home and complied with the officers' commands. After putting down his gun, the suit says, he reached the second or third step on his home with his arms up when the officers began shooting.</p><p>Witnesses say he had his arms in the air when he was shot, according to the suit, and Cortes did not reach back for his weapon prior to the shots. The officers "rushed to use and did use deadly force when the circumstances did not justify deadly force," the lawsuit contends.</p><p>The lawsuit names the city of Lakeland and the officers involved as defendants. Officials with the city and Lakeland Police Department declined to comment Monday, citing their policy of not commenting on pending or ongoing litigation.</p><p>Michael Maddux, the Tampa lawyer representing Kenning, questions other aspects of the officers' handling of the incident, including why they allowed Galarza to knock on the door alone.</p><p>"It was a whole different scenario when they didn't knock on the door," he said.</p><p>Shortly after the shooting, Kenning and Cortes' sister, Angela Cortes, told The Ledger that four witnesses told them they saw Robert Cortes raise his hands just before the shooting. Angela Cortes said witnesses have told her LPD interrogated them for hours and pressed them to change details of their accounts.</p><p>Kenning reiterated those allegations Monday.</p><p>"He had the gun for protection. It was legal," she said. "I just think they were a little loose on the trigger."</p><p>Kenning went to the police department multiple times after her son's death seeking information, she said, but was allowed to speak only to a clerk. Last week, after her daughter wrote Mayor Gow Fields an email about the shooting, a lieutenant called her daughter offering to let them review files on the case, she said.</p><p>"This is the first time LPD has contacted us," Kenning said.</p><p>While the department declined to respond Monday, a report filed by Detective Brian Wallace in May 2012 responded to statements Kenning made to The Ledger. In the report, he refutes her allegation that witnesses were pressured to change their details.</p><p>"All witness statements were recorded and transcribed," he wrote. "At no time did any of the witnesses change their accounts, nor was any coercion utilized by law enforcement personnel to have any of them change their statements."</p><p>Wallace also wrote that Kenning had never been directed to him for questions.</p><p>Police reports detail accounts from residents who were inside their homes or who couldn't see Cortes' hands at the time of the shooting.</p><p>One woman described seeing Galarza approach the front door and Cortes exit. She said she thought his arms were raised. The report says her husband said Cortes' arms were down, and the woman was "distraught over the contradicting accounts." </p><p>Galarza herself told detectives Cortes cocked the gun before dropping the weapon and stepping from his mobile home. As police ordered him to the ground, he seemed to hesitate, she said, possibly from fear.</p><p>That's when officers opened fire, she said.</p><p>She described finding a handwritten will by Cortes, the father of her two children, shortly before his death. She asked him why he'd written it, she said, but he wouldn't give a reason.</p><p>[ Matthew Pleasant can be reached at matthew.pleasant@theledger.com. ]</p>